Edigi Satish Kumar v. The State Of Telangana
[ 32e9 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVtStoN cASE NO:77 OF 2019 criminal Revision case filed under Section 397 and 401 of crPC against the order dated 12-12-2018 made in crl.M.P.No. 2426 0t 2018 in PRC No.1712018 0n the file of the court of the lv Additional Junior civil Judge - cum - Xll Additional Metropolitan Magistrate at Cyberabad Kukatpally. Between:
1. Edigi Satish Kumar, S/o E. Shekar Aged. 30 years old, Occ Filed Officer in Nm-bos Harbor Management facilities Services Pvt., Ltd., Madhpur, H No'104-638/8, Pochamma Basti, Humayunagar, Mehidipatnam.
2. Venkidi Narender, S/o. Gopal Aged. 28 years old, Occ Plumber, Rl/o' Manikonda Quarters, Manikonda, Gandipetmandal' Rangareddy district'
3. Baduguleshrun Calvin @ Chanti, S/o.Jojn KennedyAged. 25 yea:.s old, Occ' BusinLss, H.No.1 1-43, IDPL Colony, Opposite Sumithra Nagar, Balanagar, Hyderabad.
4. J;li Rakesh, S/o. Ramulu, Aged. 22 years old, Occ. Pvt., Employee, Occ' H.No.11-76, IDPL Colony, Opposite Sumithra Nagar, Balanagar, Hyderabad'
5. Bidilla Standelysunil Rou @ Vicky, S/o. B'J. Alexlander, Aged. 20 years old, Occ. Student, Occ. H.No.11-41, IDPL Colony, Opposite Sumithra Nagar' Balanagar' Hyderabad'
...petitioners/Accused Nos.1 to 5 AND of Telangana, through Hyderabad. Rep.by its Cyberabad Commissionerate, P.S Public Prosecutor, High Court at 1 . The State Gachibowli, Hyderabad.
...RespondenUComplainant
2. Mr. Pramod Kumar Yadav, S/o. Ramndam, Aged. 39 years' Occ. 'Private Employee, R/o. Plot.No.403, Shrithel Blooms Apartment.
...Respondents/Defacto-Complainant
lA NO: 1 OF 2019 Petition under Section 482 Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in PRC No. 17 of 2018 including the appearance of the Accused till the disposal of the above Crl.R.C. Counsel for the Petitioner : Sri CHAKALI SRIKANTH(NOT BEING PRESENT) Counsel for the Respondent No.1: Sri VIZARATH ALl, ASST PUBLIC PROSECUTOR The Court made the following: ORDER
,/'- l'
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.77 oF 2019 o RDER:
This Criminal Revision Case is hled aggrieved by the order dated. 12.12.2018 in Crl.M'P'No'2426 of 2018 in P'R'C'No'17 of 2ol8onthefileofthelearnedlVAdditionalJuniorCivilJudgecum-XII Additional Metropolitan Magistrate' Cyberabad' Kukatpally (for short, "the trial Court")'
2.
No representation on behalf of the petitioners' Heard Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for the resPondent No.1 State'
3.
The brief facts of the case are that the trial Court vide impugned order cited supra dismissed the application liled by the petitioners/ accused Nos. I to 5 seeking to discharge them for the offences punishable under Sections 341' 3O7 rlw 1O9 of I'P'C' stating that the cases were to be tried exclusively by the Court of Sessions and the provision to discharge the petitioners cannot be entertained before it. Assailing the same, the present Revision' 4.
Learned counsel for the petitioners contented that the I I petitioners / accused Nos.2 to 5 belonged to Schedule Caste
community. As they belonged to weaker sections of the society the complainant, by taking advantage of the same, registered the false cases. Therefore, seeks to set aside the impugned order. 5.
Learned Assistant Public Prosecutor submitted that this Court vide order dated 27.O4.2O22 in Cr1.R.C (SR) No.3198 of 2022 held that as against an interlocutory order, a Revision under Section 397 of Criminal Procedure Code is not maintainable. Therefore, seeks to dismiss the Revision. 6.
Having regard to the submissions made by both the learned counsel, this Court is not inclined to entertain the Criminal Revision Case at this stage, as the proceedings hereunder are covered by the order dated 27.O4.2022 in Crl.R.C (SR) No.3198 of 2022 passed by this Court.
7.
Accordingly, the Criminal Revision Case is dismissed. Needless to mention, the petitioner is at liberty to rvork out the remedies available under law.
Miscellaneous Petitions, pending if any, shall stand closed. SD/. M.MANJULA DEPUTY REGTSTRAR //TRUE COPY// Q, \,'
SECTION OFFICER To,
1. The lV Additional Junior Civil Judge - cum - Xll Additional Metropolitan Magistrate at Cyberabad Kukatpally.
2. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, Hyderabad.[OUT]
3. One CC to Sri CHAKALI SRIKANTH, Advocate [OPUC]
4. Two CD Copies sp
HIGH COURT DATED:1811212023
ORDER
,* :. \.-l Pt CRLRC.No.77 of 2019 ?{ 'l ;i .'-ii ,.
./'i/ :./ DISMISSING THE CRLRC @K\^